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Architects Act Amendments - Final For Committee
Architects Act Amendments - Final For Committee
PROPOSED AMENDMENTS
No amendment is required.
(a)
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(c)
No amendment is required.
(cd)
(ce)
Practicing Architect within the meaning and intent of this Act means an
Architect holding a valid Certificate of Practice.
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(e)
(f)
(g)
No amendment is required.
(g)
No amendment is required.
CHAPTER II
CHAPTER II
COUNCIL OF ARCHITECTURE, INDIA
COUNCIL OF ARCHITECTURE
3.
EXISTING PROVISIONS
(b)
(c)
PROPOSED AMENDMENTS
(d)
(e)
(f)
(g)
(h)
EXISTING PROVISIONS
PROPOSED AMENDMENTS
4.
(4)
Notwithstanding anything contained in clause (a) of subsection (3), the Central Government may, pending the
preparation of the register, nominate to the first Council,
in consultation with the Indian Institute of Architects,
persons referred to in the said clause (a) who are
qualified for registration under section 25, and the
persons so nominated shall hold office for such period
as the Central Government may, by notification in the
Official Gazette, specify.
(5)
Notwithstanding anything contained in clause (f) of subsection (3), the Central Government may, pending the
preparation of the register, nominate to the first Council,
in consultation with the State Governments concerned,
persons referred to in the said clause(f), who are
qualified for registration under section 25, and the
persons so nominated shall hold office for such period
as the Central Government may, by notification in the
Official Gazette, specify.
Provided that
(a) the President or the Vice-President may, by writing
under his hand addressed to the Vice-President or
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(3)
(b) President
or
the
Vice-President
shall,
notwithstanding the expiry of his term of three
years, continue to hold office until his successor
enters upon office.
No amendment is required.
Provided that no such reference shall be made except on an
application made to the Council by an aggrieved party within
thirty days from the date of the declaration of the result of the
election.
(3)
6.
(1)
No amendment is required.
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(3)
(5)
7.
7.
No amendment is required.
(a) No amendment is required.
(b) No amendment is required.
(c) No amendment is required.
EXISTING PROVISIONS
PROPOSED AMENDMENTS
the case.
8.
8.
No amendment is required.
is an undischarged insolvent; or
has been convicted by a court in India for any offence
and sentenced to imprisonment for not less than two
years, and shall continue to be ineligible for a further
period of five years since his release.
(1) The Council shall meet at least once in every six months at
such time and place and shall observe such rules of procedure in
regard to the transaction of business at its meetings as may be
prescribed by regulations.
(2) No amendment is required.
(2)
(3)
EXISTING PROVISIONS
PROPOSED AMENDMENTS
11.
EXISTING PROVISIONS
PROPOSED AMENDMENTS
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EXISTING PROVISIONS
PROPOSED AMENDMENTS
(2)
17. Notwithstanding anything contained in any other law, but subject to the
provisions of this Act, any recognized qualification shall be a sufficient
11
EXISTING PROVISIONS
PROPOSED AMENDMENTS
19. (1)
19. (1) The Executive Committee shall, subject to regulations, if any, made
by the Council, upon receipt of inspection charges from the
concerned institution, as may prescribe by the Council, appoint such
number of inspectors as it may deem requisite to inspect any college
or institution where architectural education is given or is proposed
to be given or to attend any examination held by any college or
institution for the purpose of recommending to the Central
Government recognition of architectural qualifications granted by
that college or institution.
(2)
(2) The inspectors shall not interfere with the conduct of classes and
any training or examination, but shall report to the Executive
Committee on the adequacy of the standards of architectural
education including admissions to the course, staff, equipment,
accommodation, training qualifications of faculty and such other
facilities as may be prescribed by regulations for giving such
education or on the sufficiency of every examination which they
attend.
(3)
(3) The Executive Committee shall forward a copy of such report to the
college or institution and shall also forward copies with remarks, if any, of
the college or institution thereon, to the appropriate Government.
20.(1) When upon report by the Executive Committee it appears to the Council -
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EXISTING PROVISIONS
PROPOSED AMENDMENTS
(a)
(b)
(3)
(4)
13
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(5)
21.
21. (1) The Council may prescribe the minimum standards of architectural
education required for granting recognised qualifications by colleges
or institutions or other authorities in India, which shall be binding on
them.
(2) The Council may rank or accredit the institutions as per the
standards prescribed by it.
22.(1)
(2)
CHAPTER III
REGISTRATION OF ARCHITECTS
REGISTRATION OF ARCHITECTS
23. (1)
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EXISTING PROVISIONS
PROPOSED AMENDMENTS
(3)
(a) No amendment is required.
(b) No amendment is required.
(c) No amendment is required.
(d) No amendment is required.
(e) No amendment is required.
23A.(1) The Council shall prepare a listing of Firm of Architects as well as
LLPs of Architects for India as may be prescribed by Rules.
(2) The council shall prescribe Regulation for renewal, suspension,
cancelation or any other related matter with respect to Certificates
of Registration and Certificates of Practice, as issued by the council
under the provisos of this act.
24. (1) No amendment is required.
24. (1)
15
EXISTING PROVISIONS
PROPOSED AMENDMENTS
16
the
EXISTING PROVISIONS
qualifications
PROPOSED AMENDMENTS
as
may
be
No amendment is required.
26. (1) After the date appointed for the receipt of applications for
registration in the first register of architects, all applications
for registration shall be addressed to the Registrar of the
Council and shall be accompanied by such fee as may be
prescribed by rules.
(2) If upon such application the Registrar is of opinion that the
applicant is entitled to have his name entered in the register
he shall enter thereon the name of the applicant :
17
EXISTING PROVISIONS
PROPOSED AMENDMENTS
b.
c.
(3)
(4)
a.
18
EXISTING PROVISIONS
PROPOSED AMENDMENTS
b.
(5) The Council may, by order, refuse to issue a certificate of practice if:
a. The council is not satisfied that the applicant(s) has supplied truthful
data in his application or has suppressed a material fact, or
b. The applicant(s) is an un-discharged insolvent ,or
c.
That he has been convicted of any offence which, in the opinion of the
Council, involves moral turpitude, or
d.
19
EXISTING PROVISIONS
PROPOSED AMENDMENTS
be due to be paid before the first day of April of the year to which it
relates.
(2) No amendment is required.
29. (1) The Council may, by order, remove from the register the name
of any architect
(a) from whom a request has been received to that effect,
or
(b) who has died since the last publication of the register.
(2)
20
EXISTING PROVISIONS
(a) that his name has been entered in the register by error
or on account of misrepresentation or suppression of a
material fact; or
(b) that he has been convicted of any offence which, in
the opinion of the Council, involves moral turpitude; or
(c) that he is an undischarged insolvent; or
(d) that he has been adjudged by a competent court to be
of unsound mind.
PROPOSED AMENDMENTS
(4)
30. (1)
(2)
(3)
31.
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EXISTING PROVISIONS
33.
34.
As soon as may be after the Ist day of April in each year, the
Registrar shall cause to be printed copies of the register as it
stood on the said date and such copies shall be made available
to persons applying therefor on payment of such fee as may be
prescribed by rules and shall be evidence that on the said date
the persons whose names are entered therein were architects.
35.
(1) Any reference in any law for the time being in force to an
architect shall be deemed to be a reference to an architect
registered under this Act.
(2)
PROPOSED AMENDMENTS
34. As and when required, the Registrar shall cause to print or publicise
electronic copies of the register as it stood on the date and such copies
shall be made available to persons applying therefor on payment of
charges prescribed by the Council.
(2) After the expiry of two years from the date appointed under subsection (2) of section 24, a person who is registered in the register
or a firm of architects or limited liability of architects shall be
appointed as an architect under the Central or State Government
or in any other local body or institution which is supported or
aided from the public or local funds or in any institution
recognised by the Central of State Government, for carrying out
architectural services.
(3) Every architect appointed in the services of Central/ State
Government/ Union Territories and other authorities established by
law may exercise such duties and functions as prescribed by the
Council from time to time.
After the expiry of two years from the date appointed under
sub-section (2) of section 24, a person who is registered in
the register shall get preference for appointment as an
architect under the Central or State Government or in any
other local body or institution which is supported or aided
from the public or local funds or in any institution
recognised by the Central or State Government.
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EXISTING PROVISIONS
PROPOSED AMENDMENTS
37. (1)
CHAPTER IV
MISCELLANEOUS
(a) No amendment is required.
36.
37.
If any person whose name is not for the time being entered in
the register falsely represents that it is so entered, or uses in
connection with his name or title any words or letters
reasonably calculated to suggest that his name is so entered,
he shall be punishable with fine which may extend to one
thousand rupees.
(1) After the expiry of one year from the date appointed under
sub-section (2) of section 24, no person other than a
registered architect, or a firm of architects shall use the
title and style of architect :
(2) Except as otherwise provided in this act, or any other law for the time
being in force, no entity other than registered architect, or a Firm of
Architect, or an LLP of architects shall use the title and style of architect,
provided that the provisions of this section shall not apply to
Provided that the provisions of this section shall not apply to(a) practice of the profession of an architect by a person
designated as a landscape architect or naval architect or
golf course architect;
(b) a person who, carrying on the profession of an architect in any
country outside India, undertakes the function as a consultant
or designer in India for a specific project with the prior
Explanation For the purposes of clause (a), (i) landscape architect means a person who deals with
the design of open spaces relating to plants, trees
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EXISTING PROVISIONS
(ii)
(2)
PROPOSED AMENDMENTS
and landscape;
naval architect means an architect who deals with
design and construction of ships.
(i) landscape architect means a person who deals with the design
of open spaces relating to plants, trees and landscape;
(ii) naval architect means an architect who deals with design and
construction of ships.
(iii) golf course architect means a person who deals with design
of Golf Courses.
(3) If any person contravenes the provisions of above sub-sections, he shall
be punishable on first conviction with fine which may extend to five lakh
rupees and on any subsequent conviction with imprisonment which may
extend to five years or with fine not exceeding ten lakh rupees or with
both.
(4) Notwithstanding anything contained in any law for the time being in
force, no person, municipality or planning/ development authority, or
local body or any other statuary authority created under any other law
shall have power to license or to designate a person as an Architect or
to enable him to undertake architectural services.
38. If any person whose name has been removed from the register fails without
sufficient cause forthwith to surrender his certificate of registration, he shall
be punishable with fine which may extend to ten thousand rupees, and, in
the case of a continuing failure, with an additional fine which may extend to
one hundred rupees for each day after the first during which he has
persisted in the failure.
39. (1) No amendment is required.
38.
If any person whose name has been removed from the register
fails without sufficient cause forthwith to surrender his certificate
of registration, he shall be punishable with fine which may
24
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(2)
No amendment is required.
42.
43. (1) If any difficulty arises in giving effect to the provisions of this
Act, the Central Government may, by order published in the
Official Gazette, make such provisions, not inconsistent with
the provisions of this Act, as appear to it to be necessary or
expedient for removing the difficulty :
"43A. In the discharge of its functions under this Act, the Council shall be
guided by such directions on questions of policy relating to national
purposes as may be given to it by the Central Government.
Provided that the Council shall, as far as practicable, be given an
opportunity to express its views before any direction is given under
25
EXISTING PROVISIONS
PROPOSED AMENDMENTS
this sub-section.
43B. (1) Whenever it appears to the Central Government that the Council is
not complying with any of the provisions of this Act, Rules and
Regulations framed thereunder, or the directions issued by the
Central Government under Section 43A, the Central Government
may, if it think so after having afforded an opportunity to the
Council to make its views, appoint a Commission of Enquiry
consisting of three persons, two of whom shall be appointed by the
Central Government one being the Judge of a High Court, and one
by the Council; and refer to it the matters on which the enquiry is to
be made.
(2) The Commission shall proceed to enquire in such manner as it may
deem fit and report to the Central Government on the matters
referred to it together with such remedies, if any, as the
Commission may like to recommend.
(3) After the report is finally accepted, the Central Government may
forward the same to the Council to adopt the remedies so
recommended within such time as may be specified in the direction.
44. (1) No amendment is required.
(2) No amendment is required.
(a) No amendment is required.
(b) No amendment is required.
44.
26
EXISTING PROVISIONS
PROPOSED AMENDMENTS
the following matters, namely : (a) the manner in which elections under Chapter II shall
be conducted, the terms and conditions of service of
the member of the Tribunal appointed under subsection (2) of section 5 and the procedure to be
followed by the Tribunal;
(b) the procedure to be followed by the expert committee
constituted under the proviso to sub-section (2) of
section 14 in the transaction of its business and the
powers and duties of the expert committee and the
travelling and daily allowances payable to the
members thereof;
No amendment is required.
(e)
(f)
(g)
(h)
(i)
(j)
No amendment is required.
(j)
No amendment is required.
27
EXISTING PROVISIONS
PROPOSED AMENDMENTS
(f)
No amendment is required.
(i)
(j)
No amendment is required.
28
EXISTING PROVISIONS
PROPOSED AMENDMENTS
institutions.
(h) the
conduct
of
professional
examinations,
qualifications of examiners and the conditions of
admission to such examinations;
(i)
(j)
29
EXISTING PROVISIONS
PROPOSED AMENDMENTS
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